On Point

State v. Bradley J. Vorburger, 2002 WI 105, reversing 2001 WI App 43 For Vorburger: David D. Cook Issue1: Whether the detention of suspect Becker in a motel hallway, while the police sought and then executed a search warrant for a room, was unnecessarily prolonged so as to amount to an arrest (unsupported by probable cause), where Becker was […]

State v. Adam S. Gonzales, 2002 WI 59, on certification For Gonzales: Suzanne L. Hagopian, SPD, Madison Appellate Issue: Whether the crime of carrying a concealed weapon, § 941.23, is constitutional in light of Article I, Section 25 of the Wisconsin Constitution, which creates a right to keep and bear arms. Holding: Because the crime was […]

State v. David C. Polashek, 2002 WI 74, affirming in part and reversing in part, 2001 WI App 130 For Polashek: Nila J. Robinson Issue: Whether § 48.981(7) is a strict liability offense. Holding: Where the statute makes no reference to mental state — and none is made here — it is often deemed strict liability. Factors such as seriousness […]

State v. Debra Ann Head, 2002 WI 99, reversing 2000 WI App 275, 240 Wis. 2d 162, 622 N.W.2d 9 For Head: John D. Hyland, Marcus J. Berghan Issue/Holding: ¶123. We conclude that evidence of a victim’s violent character and of the victim’s prior acts of violence of which a defendant has knowledge should be considered in […]

State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue/Holding: ¶46. We must examine the entire sentencing proceeding to evaluate the prosecutor’s remarks. Upon reviewing the State’s comments in the context of the sentencing hearing, we conclude, as a […]

State v. John D. Williams, 2002 WI 1, affirming 2001 WI App 7, 241 Wis. 2d 1, 624 N.W.2d 164 For Williams: John A. Pray Issue1: The terms of the plea agreement and the relevant state’s conduct are questions of fact, reviewed deferentially; whether that conduct amounts to a material and substantial breach is a […]

State v. Robert S. Robinson, 2002 WI 9, on certification For Robinson: Leonard D. Kachinsky Issue/Holding: ¶2. The question of law raised on appeal is what is the appropriate remedy when an accused is convicted on the basis of a negotiated plea agreement and the counts later are determined to be multiplicitous, violating the accused’s […]

State v. Johnny L. Green, 2002 WI 68, affirming unpublished court of appeals opinion For Green: Nicolas G. Griswold Issue/Holding: Viability of State v. Shiffra, 175 Wis. 2d 600, 499 N.W.2d 719 (Ct. App. 1993) upheld, against claim by state that it should be overturned. ¶22 n. 4. State v. Munoz, 200 Wis. 2d 391, 395, 546 N.W.2d 570 (Ct. App. 1996) ratified […]

State v. Bradley Alan St. George, 2002 WI 50, reversing unpublished court of appeals decision For St. George: Donald T. Lang, SPD, Madison Appellate Issue: “Was the circuit court’s exclusion of the testimony of the defendant’s expert witness an erroneous exercise of discretion, or alternatively, a deprivation of the defendant’s constitutional right to present evidence, […]

State v. Luther Williams, III, 2002 WI 58, reconsideration denied 2002 WI 118; on certification For Williams: Martha K. Askins, SPD, Madison Appellate Issue: Whether a crime lab report is admissible under the business records exception, § 908.03(6). Holding: ¶48. There can be little question that when state crime labs generate reports like those at […]